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Frequently Asked Questions About Divorce

Is a dissolution the same as a divorce?

Yes, dissolution of marriage is the legal term for a divorce in Minnesota

What is an annulment?

An annulment is a separate legal process, and a legal annulment is not the same as a religious annulment. A legal annulment declares a marriage void, as if it never existed, based on specific legal reasons. One reason for a legal annulment is that there was a lack of consent at the time of the marriage due to mental incapacity. A legal annulment is very rare.

What is a legal separation?

A legal separation is a type of court proceeding, similar to a divorce. At the end of a legal separation case, the parties are still married. A legal separation decides the rights and responsibilities of the parties, but doesn’t legally end the marriage. If one spouse brings a legal separation case and the other spouse wants to get divorced, the parties must go through the divorce process.

How long does someone need to live in Minnesota before starting a divorce?

One spouse must be a Minnesota resident for 180 days before starting a divorce.

What is No Fault divorce?

No Fault divorce means that a person does not need to prove that the divorce is anyone’s fault. One spouse must state that there has been an irretrievable breakdown in the marriage, and the other spouse cannot stop the divorce.

What happens if my spouse and I live in different states?

If your spouse or children live in another state, or if marital property is located in another state, you may want to talk to a lawyer who is licensed to practice in both states. Minnesota courts only have jurisdiction over people and things in Minnesota.

What happens if my spouse and I live in different counties?

You can start a divorce in the county where one of the parties resides. If you and your spouse live in different counties, you should get legal advice before you file your case. The laws on divorce, custody, child support, property division are the same throughout Minnesota, but there can be a variety of processes or resources available in different counties.

What is Pro Se representation?

Pro Se representation means that you are acting as your own lawyer. If you are Pro Se, you must follow court rules and procedures just like a licensed attorney.

Can I get a public defender for my divorce?

There is no right to a free lawyer for divorce, because it is a civil matter. You may be eligible for free or low-cost legal representation through your counties Legal Aid service, or a volunteer attorney program.

What is a retainer agreement?

A retainer agreement is the contract between you and your lawyer that spells out how you will be charged for services, and what costs you will be responsible for paying. Family law attorneys usually charge an hourly rate for their time. The retainer is the down payment on legal fees that is paid at the beginning of a case. It is not the same as a “flat fee,” as a retainer does not usually cover all of the legal fees or costs.

Will I have to go to court during my divorce?

You may go to court for an informal meeting at the beginning of your divorce. Only if you can’t come to an agreement, will you have to go to a contested trial. If you and your spouse resolve all of the issues, you may not need to go to court at all. More than 95% of family law cases are resolved without trial.

Is Minnesota a 50/50 property state?

The law in Minnesota is that any property acquired during the marriage is divided based on what is “fair and equitable.” The law does not say that marital property will be divided 50/50, but this is what is fair and equitable for most people.

How is basic child support calculated?

Minnesota uses a child support calculator based on each person’s gross monthly income, and the amount of parenting time that a child or children is with each parent. In most cases, for child support purposes, the parenting time is based on the number of overnight a child or children stay with each parent.

Is there a calculator for spousal maintenance?

No, an award of spousal maintenance is based on a variety of factors, including the length of marriage, each party’s income and monthly expenses, the standard of living during the marriage, and the age and health of each party. Spousal maintenance is a complicated area, and you should seek legal representation if you have further questions.

How does the court divide debts between parties?

The court will divide debts based on what is fair and equitable. It is important to know whether a debt is individual, or joint, and it is important to know whether a debt is secured by property, such as a mortgage or car loan.

There are few times in one’s life as difficult as dissolving a marriage, particularly one with three young children. Lianne Guenther helped me navigate the way through my divorce seven years ago. The initial divorce was fairly simple; my ex-husband and I were parting ways amicably and worked together to create a positive post-divorce climate for our children. Through every step, Lianne provided astute and kind guidance.

I recommend her from this experience alone. But there’s more. Within a year of my divorce, the positive relationship my former husband and I had dissolved and became extraordinarily acrimonious. Lianne was again available to advise and guide me through another court appearance, maintaining the spousal maintenance agreement in place, and secured partial reimbursement toward court fees. She provided sound and caring advice through an unexpected and emotionally traumatizing time. I knew Lianne was on my side from the beginning, but she truly proved how wonderful an advocate she was when things became difficult and toxic.

No one wants to believe their marriage will end, but if you find yourself facing that difficult life transition, Lianne Guenther is a wonderful choice for an attorney who is timely, efficient, and most importantly, an advocate for her clients.

T.A. - Divorce and post-decree client

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Lianne M. Guenther, Attorney

Testimonials

Ms. Guenther was my rock going through a very difficult divorce. First of all, she was very supportive of my needs and concerns. Ms. Guenther brought all of her technical skill into play while working on my case. The plaintiff went through several attorneys,she matched them all with great integrity and expertise. She was always there for me and held my hand through the defaming and degrading experience. Ms. Guenther cares about the client while still respecting the family law system.

I used Ms. Guenther’s services again when my former spouse wanted to modify child support. She protected me as she did during the divorce.

L.B.M. - Divorce and post-decree client

Being a newly divorced single parent, it was a high priority to ensure my assets were protected and my minor children would be taken care of if anything happened to me. Lianne helped me draft my will and other estate planning documents to ensure my goals were satisfied. During the process, she was patient and explained the best options for me given my circumstances. Being a parent herself, I know that Lianne understood my concerns and acted on my behalf. I would definitely recommend Lianne for her professionalism and legal expertise in family law.

S.B. - Estate planning client

After the initial consultation with Lianne, there was no question of who was going to represent me during my divorce proceedings. She listened to what my concerns were going into the proceedings, and created a strategic plan to achieve the best results possible. Lianne is very fair with her clients and utilizes counsel and representation time to the fullest. Choosing an attorney during a difficult time such as divorce is very challenging. Rest assured Lianne is the right choice for your family law needs.

D.S. - Divorce client

There are few times in one’s life as difficult as dissolving a marriage, particularly one with three young children. Lianne Guenther helped me navigate the way through my divorce seven years ago. The initial divorce was fairly simple; my ex-husband and I were parting ways amicably and worked together to create a positive post-divorce climate for our children. Through every step, Lianne provided astute and kind guidance.

I recommend her from this experience alone. But there’s more. Within a year of my divorce, the positive relationship my former husband and I had dissolved and became extraordinarily acrimonious. Lianne was again available to advise and guide me through another court appearance, maintaining the spousal maintenance agreement in place, and secured partial reimbursement toward court fees. She provided sound and caring advice through an unexpected and emotionally traumatizing time. I knew Lianne was on my side from the beginning, but she truly proved how wonderful an advocate she was when things became difficult and toxic.

No one wants to believe their marriage will end, but if you find yourself facing that difficult life transition, Lianne Guenther is a wonderful choice for an attorney who is timely, efficient, and most importantly, an advocate for her clients.

T.A. - Divorce and post-decree client

Lianne handled my divorce, and all the proceedings went smoothly which was a huge relief. Things went so well that I also had Lianne work on a post-decree issue and she helped me very quickly and resolved the concern without any hassles. In the future if I have need of an attorney, Lianne will be the attorney who will represent me.

J.L. - Divorce and post-decree client

I have so appreciated all that you have done. In what I have learned about attorneys in the last couple of years, you excel. I will highly recommend you to anyone I come across in need of an attorney.

Your organizational skills and attention to detail are top notch, your prompt and thorough replies are helpful and informative. Your knowledge of all things financial is overwhelming. Though it was recommended to me early on to seek a CDFA, it seemed that was never necessary; you always had that perspective well in hand.

I am very pleased with how you have handled my case. Despite my emotional issues, you did not become a therapist for me. My pocketbook appreciates that LOL. You stuck to the task at hand and focused well on that.

L.F. - Divorce client

My divorce was finalized years ago. I had a really bad experience with my lawyer. Despite being a well-known divorce lawyer, he never returned my calls or messages, never took into account my thoughts or opinions, and felt he knew more about what I wanted or needed than I did. Due to the divorce settlement, the years after my divorce were both financially and emotionally challenging. Years later, when served with papers from my ex-husband, little did I know it would be the best thing that happened to me because it was then that I met Mrs. Lianne Guenther. Lianne was initially referred to me by brother who is also an attorney in Minnesota. Lianne proved to be everything my brother said she was…one of the best! Overall, she has excellent communication and negotiation skills and is very knowledgeable and skilled in dealing with custody matters. Lianne made me feel like my case was her priority. In the end, I received a substantial increase in child support and am very pleased with the custody arrangement Lianne negotiated. I have highly-recommended Lianne Guenther in the past and will continue to do so.

C.W. - Post-decree client

Lianne did a fantastic job of assisting me with modifying my child support and parenting time. I used her services once, and when another issue came up a few years later, I quickly called Lianne again. Both times I got a great result! Lianne is very kind and knowledgeable at what she does. She is honest and has a warm demeanor that made me feel comfortable during a bad situation. I would definitely use Lianne’s services again in the future and would highly recommend her to anyone that needs her assistance. Thanks again, Lianne for all that you did for me and my daughter!

S.A. - Post-decree client

You will find Lianne an attorney who combines a quick intelligence with empathy. The documents she prepared for me were without flaw and clearly written. I’d highly recommend Lianne for legal needs.

D.A. - Wills

I went to Lianne Guenther for my divorce three years ago because of her work ethic, trustworthiness and good character. My husband and I wanted a lawyer to assist us in a fairly amicable divorce. She helped us to get to consensus in a timely and sensitive manner. There were times when my husband voiced his concerns, and Lianne responded to both of our questions with empathy and respect. Her work ethic is impeccable and she has an eye for detail. She helped us as we went through all of the issues such as finances, retirements, house, property, dog, and cars. Her calming demeanor allowed us get to a satisfying agreement efficiently. Both of us felt well-served. Our divorce came through much faster than we expected. Today both my ex-husband and I are very satisfied with the result. Lianne Guenther has a strong sense of service. She even suggested that we include the legal paperwork to change my married name back to my maiden name at the same court hearing. I highly recommend Lianne Guenther to be your attorney and advocate.